Torrance Burglary LAwyer

What Is Burglary in California?

In California, burglary is defined under Penal Code 459 PC as entering a structure intending to commit a felony or theft once inside. This means a burglary crime can be charged even if the intended felony or theft was not successfully carried out. The intent is the crucial factor.

Two primary types of burglary can be charged in California: 

First-degree burglary: This is often referred to as residential burglary. It involves entering an inhabited dwelling intending to commit theft or a felony. For instance, if someone breaks into a house intending to steal a television or other items, this would be considered first-degree burglary. None of the alleged stolen items must be recovered to charge you with this offense.

This burglary typically occurs in an occupied residence, such as someone’s home. If you are found guilty, you may be placed on probation or serve prison time for two, four, or up to six years. Because burglary is a “strike” in California, you may need to serve 85 percent of your sentence. 

Strikes impact the length of time you will be incarcerated. Each strike prolongs your prison term, with a third strike potentially resulting in a life sentence. 

Second-degree burglary: Commercial burglary involves entering any other type of structure (like a store or office) with the same intent. If someone enters a closed shop at night intending to empty the cash register, this falls under second-degree burglary.

It is charged as a misdemeanor if the value of the stolen items is less than $400 and a potential felony if it is more than $400. Felony convictions in commercial robbery can carry 16 months, two years, or three years in prison. This type of burglary is not considered a strike. In many cases, the sentence may be reduced.